Council tax court summons: what happens and what to do

Council tax By Council Tax Helpline, 10 September 2026

In short

A summons means your council is asking the magistrates' court for a liability order. Costs are added straight away.
Pay the full amount, including the costs, before the hearing and the case stops.
You do not usually have to go. The court only decides whether the council tax is owed, not whether you can afford it.
Agree an arrangement before the hearing, and the order is usually made but not used while you keep to it.
If the bill is wrong, you can dispute it at the hearing, on limited grounds.

What a summons means

If you have fallen behind and lost the right to pay by instalments, your council can apply to the magistrates’ court for a liability order. The summons is the court’s letter telling you about the application, with a hearing date.

It is serious, but it is not a criminal matter, and you are not being prosecuted.

The costs

Costs are added when the summons is issued. They are set by each council and approved by the court, and are commonly £80 to £130 in England. In Wales they are capped at £70.

Can you stop it?

Yes, in two ways:

Pay the full amount shown on the summons, including the costs, before the hearing. The council then withdraws the application.
Agree an arrangement before the hearing. Most councils will still ask the court for the liability order, so that they can act if the arrangement breaks down, but they will not use it while you keep to it. Some will withdraw the case altogether. Ask your council which it will do, and get it in writing.

Do you have to go to the hearing?

Usually, no. You will not be arrested or penalised for not going. The court is only deciding whether:

the council tax was properly demanded, with a valid bill and the right notices, and
it is still unpaid

It does not decide whether you can afford to pay, and it will not hear arguments about hardship. Most hearings take a few minutes, and most liability orders are made without the person being there.

When it is worth going

Go, or write to the court in advance, if you have a legal reason why the order should not be made, for example:

You are not the liable person, or were not for the period claimed
The council tax has already been paid
You never received the bill or the reminder
The council did not follow the correct steps
The case was brought more than six years after the council tax fell due

Disputes about your band go to the Valuation Office Agency, and disputes about a discount or exemption go to the council and then the Valuation Tribunal. They are not decided at the summons hearing, but tell the council, and ask it to hold the case while it looks into it.

What happens after the order

Once the court makes a liability order, your council can:

Send bailiffs, who add fees of £79, then £247, and more if they take goods
Take money from your wages or benefits
In England, in rare cases, apply for committal to prison

See liability orders for what each means.

What to do before the hearing

Check the bill is right, and that you have every discount you are due. See Council Tax Reduction.
Work out what you can afford, on top of this year’s instalments.
Contact your council with an offer, in writing, and ask what it will do about the hearing.
Keep paying whatever you can, so the balance goes down.

The rules are changing in England

From April 2027, the government plans to give people in England longer before they lose the right to pay by instalments, and to cap the court costs councils can charge. Until then, the current rules apply.

Where are you with your council tax?

Choose the one that fits best and an adviser will call you back. Free, confidential, and no obligation.

Takes about 3 minutes.